-- with liberty and justice for all. [gavel] commissioner, if i may call the role. >> a yes, please. >> commissioner hirsch. >> here. >> a commissioner taylor is excused. >> commissioner dejesus. >> here. >> a commissioner elias. >> a here. >> commissioner, you have a quorum. also present is chief william scott of the san francisco police department and director paul henderson from the department of police accountability. >> thank you. good evening, everyone. this is the april 10, 2019 meeting of the san francisco police commission. we have a moderate calendar tonight, so we'll allow three

minutes for public comment, and we are ready for the first item. >> line item one, consent calendar, receive and file, action. >> police commission disciplinary actions report first quarter 2019. >> okay. this does not require any particular action, is that right? >> i believe requires a motion. >> motion. >> u a second. >> an any discussion? we need public comment. is there any public comment on this matter? seeing none, comment is closed. why don't you call for the vote. >> all in favor? opposed? >> none opposed. >> passes unanimously. >> thank you. next item. >> line item two, reports to the commission, discussion. 2a, chief's report. weekly crime trends.

provide an overview of offenses occurring in san francisco. significant incidents, chief's report will be limited to a brief description of the significant incidents. commission discussion will be limited to determining whether to calendar any of the incidents that the sheaf describes for a future mission meeting. major events. provide a summary of planned activities and events occurring since the previous meeting. this will include a brief overview of unplanned events or activities occurring in san francisco with an impact on public safety. commission discussion on unplanned events and activities the chief describes will be limited to determining whether to calendar for a future meeting. staffing and overtime, status of current staffing levels and overtime expenditures to date for fiscal year 2018-19. community engagement highlight, provide overview of recent community engagement activities as well as an update on the chief's advisory forum outlined in the collaborative reform initiative recommendation 48.1.

>> thank you. good evening, chief. >> good evening, president hirsch, commissioners, and director henderson. i will start off today's chief's report with a crime friends update. and starting with overall part one crimes, we are down 15%. our total violent crimes were down 17%. and homicides are down 9 from 10 last year. we have a 22% reduction in gun violence of gun-related incidents which we're pleased with that number. and happy to report there were no homicides. we had a business se week two weeks ago, but no homicide to report. in terms of property crime, it is down 15% and that is led by an 18% reduction in auto burglaries compared to 2017 year to date with 32% below where we

were in 2017. so that is good news as well. in terms of other property crimes, our burglaries are down 16%, and after a tough year last year, we're really happy with how this year started out with burglaries. all the other property crimes are in the negative. and actually all other violent crimes, part one crimes -- rape, robbery, assault -- are in the negative as well. so crime is actually doing pretty good. we'll keep working hard to make sure we keep our strategies in tact. a couple of incidents i want to highlight. just the work of some of our officers. about a year and a half ago we put together a city wide burglary unit, and part of the reason for reconstructing this burglary unit out of investigations bureau was to work on serial-type of crimes. here is a good example of the work they did. on september -- sorry, on march

22, they arrested an individual who they had been working on for a while. and he was booked for nine commercial burglaries that occurred through the central, southern, and richmond districts. he's also been identified in six additional burglary. one of the benefits of having a citywide unit structure like this is with the cross jurisdictional crimes t communication and coordination is much better. they can kind of step back and look at the bigger view, and we were struggling somewhat in that area before reinstituting this unit. also, another success with this unit on april 1, tenderloin spotted a stolen vehicle that was being driven by a wanted burglar on the 2200 block of market street. he was arrested and when the investigators got it, they were able to put together 10 burglaries that this individual was responsible for since april of 2018. and they occurred throughout the central and southern district, so that's good example of the value of having this type of

investigations unit that has city wide responsibilities. so we're really pleased with the progress on that. traffic, been talking a lot about our vision zero goals and trying to reduce traffic fatalities to zero by 2024. we started off pretty rough this year. we've had four traffic fatalities as of march 20. so that's definitely tracking above where we were this time last year. the good news is there were no fatalities last week, although we had a serious incident -- a serious injury of an elderly victim, pedestrian hit by a car, but she's still hanging in there and hopefully will survive the injury. no fatalities to report for last week. we are doing pedestrian and bicycle safety enforcement efforts as well as vehicle enforcement efforts. and our officers are really in tune to the focus of the five citations which we believe will

continue to make an impact in the overall traffic safety effort. so we'll keep a focus on that. and large event this is week, we have the giants playing at home on monday through wednesday. and they also playing this weekend. we have google conference next week which will be a big deal and a big draw. and i think it's being kicked off tonight with a concert at the oracle parking lot, lot a, tonight. we also have the caesar chavez parade and festival that will occur this saturday from 1100 to 1800 and the cherry blossom festival and parade kicks off -- the festival kicks off this week from saturday, april 13, through sunday, april 21, and that will be capped by the cherry blossom parade on april 21. sunday streets will occur in the tenderloin the sunday from 10:00 in the morning to 4:30 in the

afternoon. also, rec and parks is conducting their annual rib cookoff this saturday, and that's a very popular event. happy to say i'll be a judge. so get to taste the ribs from around the city. it is a really nice event. fun event. it is well attended. that will be at sharon meadows. peace park programming in hertz park thursday through saturday with barbecue, swimming and health fair. the sfpd officers are always engaged in the peace park programming, and we're happy to be a part of that. the next thing on the agenda, on the report s the overtime update. we are 75% into the fiscal year and currently we are just at 3% over our general fund overtime budget. so put the mitigation efforts in place to make sure that we get to our budget by the end of the

fiscal year. we have been under budget most of the year. we have two months to go, but almost 3% over. we have having one event that usual lu is prepared and is not going to impact the budget, but a big ticket item with the pride parade and the policing that goes along with that. that is the last big event that draws a lot of overtime for the year, but we are working hard to make sure we get this within budget by the end of the fiscal year. staffing, we are at sworn staffing and full duty f.t.e. at 1,886. which is just below our mandated levels of 1971. we have three academy classes and 264 and 265. 263 will graduate on may 24.

264 will graduate on july 26. and 265 will graduate on november 8. so we're looking forward to these officers joining our ranks and increasing the size of our department. the last thing is the community engagement update, and i want to speak about collaborative reform recommendation and that recommendation speaks to the need of the broad-based forum for all communities. at that time that the assessment was done, we had the recommendation community forums and chief sir had re-established the african-american forum. since then we have continued with the african-american forum, but we've added additional forums, so currently we have 12 chief community advisory forums in total. we have an a.d.a.,

african-american, asian-pacific islander forum, interfaith, jewish, lgbtq, merchant, small business, a woman's forum and a public housing forum that we started last month. also in progress, we are re-instituting or starting an hispanic latino forum, muslim forum, and a youth forum. and we're working with the youth commission as commissioner dejesus is on that re-establishment of the youth forum. the reason i want to point that out is that recommendation i think spoke directly to our community engagement efforts, and what these forums do is basically i attend as many as i can. i don't attend all of them, but we have our officers from community engagement and some of the command staff who i a tend these forums on a regular basis. as i said, i attend as many as i can. but it gets information directly

to me from these various communities, so they're very valuable. some of them are a work in progress, and a good example of a success story is our collaboration with the african-american forum in the first annual sfpd black history month celebration we did on february 9. that was a direct as a result of that forum coming together to kick this first annual celebration off. and there are really excited about that with very dedicated volunteers and that partner with us and add value to the community's input and engagement with the police department. and that is the conclusion my report. if there are any questions. >> thank you, chief. i do have a few questions. just on the forum, can you get the calendar for those forums to the commission office so that we know and as a commissioner wants to attend, we can do that through our office? >> yes, i'll get that to you. >> u a how frequently do they

meet? quarterly? >> the a.d.a. is quarterly. african-american is monthly. the asian-pacific islander is monthly. interfaith is quarterly. jewish, quarterly. lgbt monthly. merchant-small business, monthly. women's, quarterly. public housing quarterly. public housing we're just starting it. and we're in progress on hispanic, latino, muslim, and youth. >> great. the time, the place, and the date would be great, as you know that. >> thank you. >> an i had a question, too, on overtime. i'm curious to know, what is it that pumped it up above the budget? >> a reinvested a lot of money in some of our crime prevention efforts, and although some of it was planned, some of it was unplanned. we had a spike in robbery, for instance, and we need to put presence in an area. a good example was visitation valley when we had -- what we believe were robberies involving chinese community members. we had to put deployment out

there and fixed posts and that type of thing. it is a very expensive way to police, particularly when it's not planned. what we try to do is work our budget so we have room to do that and right at the break even point, and we have these type of incidents like in bayview and we had two homicides in la salle, we had to post that particular community with officers and for about a week and a lot of that was on overtime. hospital details. and we have quite a few hospital details that have really -- which you can't predict these where officers have to sit on either arrestees at the hospital and they eat up quite a bit of overtime. a couple of details were unyushl in that we have had at least two that went on for at least a month. and most of that is overtime staffing. the alternative is to pull a sector car out of patrol, which we really don't want to do.

these are the type of things we have to manage and mitigate as best advantages. >> and mention that through a lot of sprol tiers and citizens and volunteer groups and are they economized of the groups -- let me finish. and one of the things the d.o.j. said we have a limited -- a limited outreach in terms of our captains work with their volunteer community and they work with the merchants which is great. and we put it on our website and things like that. but i think one of the things that i remember from the d.o.j. is we should be broader to the communities that come in here and complain. most affected by it and don't

hear about it. how is that working on this volunteer? >> when i say volunteer, what i mean by that is these are community members that they really donate their time to work with the department. they're not quote, unquote, official volunteers to go out and do work, but ideally, you are absolutely right. we want to get as diverse group in the room as possible, and that includes people that don't always agree with what we do and how we do it. it's really important to get those voices in the room. we have had some success with that, not as much as we would like. but we have had some success with that. we've started some forums that really didn't take off, but a good example is we had a homeless forum, and we've had some members of the advocacy community in that forum. it didn't really take off like we wanted it to, but it's one we hope to reinstitute.

that is the plan. >> commissioner: that is helpful. and the one that was successful and brought outside groups in and report on how they were successful and how they did that. and the ones who were not successful, maybe an analysis -- i can't say the word, but analyze why maybe that wasn't there and what other modes of outreach can we do to reach out to the communities. maybe next time we can hear about that. >> yes, ma'am. thank you. >> commissioner: thank you. >> line item 2b, d.p.a. director's report. report on recent d.p.a. activities and announcements report will be limited to a brief description of activities an announcements. commission discussion will be limited to determining whether to calendar any of the issues raised for a future commission meeting. >> good evening, director henderson. >> good evening. i have a couple of updates.

we are now at 180 cases, new cases, that have opened in 2019 and is up from 147 cases at this time last year and even more cases are coming in and that trend has not slowed down and someone to call them the pipeline with the outreach, with our technology and our language access. in terms of cases closed, we are still continuing to close higher rate of cases as well, so that number is at 165 cases closed so far this year versus 125 the same time last year. and that just reflects the higher speed in which we started closing cases with new investigators that we had. the open cases and the pending

total and 297 cases pending right now versus 260 which is where we were this time last year. in terms of cases that have been sustained, we are at 26 cases versus eight cases which is where we were last year. of the cases past the 270 day tolling period, we have 21 cases that are past 270 days. of those, 15 of them are tolled for civil or criminal open cases. versus this time last year with a total of 31 cases past the 270 day mark. in terms of cases that had been mediated, we are at 6, which is one more than where we were this time last year which is at five. and there were two outreach events that the office participated in. one on april 3 which was a know your rights presentation for young adults that was given and we were invited to come and speak at the san francisco

conservation corps. and then on april 19 the staff attended the northern station park district station at their community meeting. that's it. >> any questions for the director? >> okay. thank you. we're ready for the next item. >> line item 2c, commission reports, commission reports will be limited to a brief description of activities and announcements. commission discussion will be limited to determining whether to calendar any of the issues raised for a future commission meeting. commissioner president's report. >> i don't have a report. i just have a reminder for the commissioners that next week we will be meeting in the bayview and asking that each commissioner present his or her work with the commission and identify what you are doing in a couple of minutes so the public and commission know what is we're doing. >> and commissioners' reports. >> commissioner? >> commissioner: yes.

thank you, president hirsch. saturday, april 6, in district 10, there was a public safety meeting in the district and they will be taking place quarterly. representation from the mayor's office of safety, the public safety and mayor's office of neighborhoods. and kyra worthy was there as well as captain matthews from the bayview station. it was a very intense, great dialogue amongst the community, and the thing that i enjoyed most about it is a lot of the city staff and appointed officials, elected officials, were asked to really just observe. it was driven by the community and was for the community. so i know supervisor walton's office is getting back to community by april 22, by way of the -- by way of that public safety meeting. also announced at the meeting that we will be having our community meeting in bayview on april 17 as well so folks are excited about that. should be a good turnout. there was the war against guns

activity march that took place from the bayview opera house down to the bayview station on williams and a great scene to see the officers and community together talking about things that transpired over the past few weeks in the district. it was great to see those come together. >> an okay. xhaung thank you. next item >> 2d, commission announcements and scheduling of items identified for consideration at future commission meetings. action. >> any items? >> commissioner dejesus. >> commissioner: and the questions for you first. >> and the bayview location for the meeting. >> police commission will hold a special meeting at a location other than city hall next week. the commission will meet in the bayview district at the opera house 42702 on wednesday, april

17, at 6:00 p.m., to hear comments from the bayview public and the station captain concerning public protection issues in the bayview district. >> thank you. >> yes, commissioner dejesus. >> commissioner: i think, commissioner, we had an email last week that invited us to come to the regional training -- they had a planning meeting in oakland, and they invited us. and i couldn't go, but i was able to speak to them. i have to tell you it was kind of exciting and and d.p.a. always goes to this and they are participating and going this year as well, i imagine. and what they basically were saying is san francisco has a long enjoyed a robust oversight over extremely important police department and the bay earth

communities in the process of doing that and the establishing of the over sight of the departments. so we already have a model in place, and they like the opportunity to pick our brains and learn from us and things that work well and things that we would like to do. but they also wanted to point out that the regional forum wouldn't be complete without san francisco participating. some of the things they talked about would be 1421 and the panel of the transparency law. there is a comparison of oversight models and i think supervisor ronen will speak to that and oversight of county correctional facilities. what i did is brought a flier. it's in oakland on -- i got the flier. i got to find it. >> may 3. >> may 3, 8:30 to 4:30, one day, at the kaiser center in oakland. afterwards they're having a reception and would encourage everyone to attend as well.

network reception on the shores of lake mer rit. i think it's really important for us in our backyard and even though it's a national organization, this one is focused on the regional oversight group. so i would ask that we -- i would ask that we consider have members participate in this and have a show. andening i don't think we're limit -- i don't think we're limited by three because it is a training. >> i would point out, too, the cost is $75, but they are flexible on the cost because they want more people to attend than not. i am sending most of my office. they have allowed me to send all of the unpaid staff and interns to attend for free because they think it's important. but i would strongly encourage folks to come to get the information and participate if you want to come. >> is there a commissioner or commissioners who can commit or volunteer now? >> commissioner: i can do it. and i can throw -- >> i can. >> i can. i couldn't make the meeting on

friday. they had a planning meeting on friday. i checked in with them and gave me this information. >> right. >> commissioner: i want to ask city attorney's office. are we limited? i don't think we're limited to three people attending something like that. >> no. you are not limited. but i do ask that the commission, if there is a quorum of commissioners there, that they do use common sense and disperse. >> right. >> and don't look at one another. >> a don't talk to each other. >> three of you can sit together. but the fourth shows up, he's got to sit on the other side. >> i will forward an email to the commission office and send the information out. i certainly at this point would commit unless somebody comes up. there's two of us. and you're going to go as well. and i have another thing i wanted to talk about. and i don't know about this but i got some phone calls asking me what's going on with the police department and tasers and are they preparing to unveil and

unroll tasers or roll out plan? i know nothing, so wondering if we can have a check in to see because that is important if we other going to roll it out, it is important for us as the commissioners to know that is going to happen. and i just am ignorant. i don't know anything about it and if they are right, but sometimes when there's rumblings and when there's smoke, there is fire. good to get a report on that to see where we are and what the status is. >> okay. we'll do that in a meeting in may, not next week, though. >> okay. thank you. ready for the next item. >> the public is now invited to comment on line items 2a through 2d. >> any public comment on the items we have discussed so far? good evening. >> my name is magic altman. i didn't hear anything in the chief's report about the case of true love. jamal true love an aspiring actor and hip-hop artist spent

more than eight years behind bars after being sentenced to life in prison. how come parole officers frame an individual, send him to prison for eight years for a murder he did not commit? that cost the city over $10 million, and they get off scot-free. how can they be retired without facing discipline in connection with to this case? what is the chief and the police commission doing about this so it can never happen again? why are there no consequences and the people foot the bill? where is the outrage in this commission? why do officers continue to commit crimes that deeply affect people's lives profoundly and who have been retired to be taken care of the rest of their lives? true love was in prison hundred of miles from his family. he was stabbed while in prison. it could have been life. but he had lawyers and the legal support he needed. did i miss something?

because how could this happen? you talk about crimes and these four officers committed crimes. no consequences. retired. we're paying for them. this is happening nationwide. police departments all over are having officers break the law and the city pays for the lawsuits and no criminal actions happen. i find this deeply disturbing. luckily this guy got off after eight years. most don't. i would like someone to tell me what's going to be done about this. >> thank you. any other public comment? commissioner brookter. public comment is closed. awe>> commissioner: sorry about that. i put in a call to the commission office to ask for a flier to be made for the community meetings. i was aware when we have the community meetings that we don't send it out to the public outside of it being on the

agenda. i had a conversation with the commission staff to see if that is something that we could do to create a template so that we're having community meetings, it should be in my eyes as we have community engagement events. >> we used to send them out. i don't know why we don't now. >> i wanted to note that because i almost forgot. >> did you get -- were you well received or get pushback? >> an it was well received, but i wanted it on record to get follow-up before next week's meeting. >> thank you. >> commissioner: one of the things i remember is we were supposed to give community addresses to be added to an email address to get a hit from it. blast it. >> a good idea. >> commissioner: the next item. >> line item 3, discussion and possible action to i a prove issuance of department bulletin 19-072 seniority stripes which modifies department general order 10.01 uniform and

equipment. this department bulletin is a reissue of db17-076 which expired on march 30, 2019. >> president hirsch, commissioner, director henderson, assistant director this, department bulletin was issued to amend the uniform general order and which this bulletin did is allowed for service for members who had outside law enforcement experience to include that in the seniority stripes on their uniforms. it used to be exclusive to police department experience. but we also now include other outside law enforcement since we are bringing in lateral officers and we wanted to i a lou them the opportunity to -- allow them the opportunity to use the seniority stripes which are the hash marks going up the sleeves that indicate the level of law enforcement. >> and you're asking for a motion to i a prove this. >> correct. >> do i have a motion?

and a second? any questions or comments from the commissioners? i think we need public comment. is there any public comment on this item? seeing none, public comment is closed. and we'll call for a vote please. >> vote on whether to approve the issuance of department bulletin 19-072. all in favor? opposed? vote passes unanimously. >> thank you. thank you, chief. next item. >> line item 4, discussion and possible action to approve draft of revised department general order 10.08. electronic resources. for purposes of engaging in the meet and confer process with the police officers association, as required by law, discussion and possible action. >> good evening. >> good evening, commissioners. again, assistant chief hector here. and commissioners, what you see here is an updated department general orreder that basically

has contemporary language and was submitted by r.t. and en-- that was designed by i.t. that encompasses bulletins on the email use and mobile data devices which include cell phones, on our other accessories and u.s.b. and gives instructions to officers how to utilize them and who to go to in i.t., what the restrictions and prohibitions are. giving warnings when you log into the computer screens and what is allowed and what is not aloud. some are d.o.j. and the audits of the emails and the recommendation is that members are aware no expectation of product privacy and know that any such type of bias-related conduct is prohibited by this

order and that they're subject to discipline. and as well as other issues with regards to public records on personal devices. this is an update of various bulletins in this updated d.g.o. >> the recommendation is that the commission adopt this and move it forward. >> thank you. we have some commissioners with comments or kwigs. commissioner dejesus. >> commissioner: i have a recollection when the text messages came out that we need to put something in place for electronic resources. and chief sir brought to us. is this a revision of the one that chief sir brought to us off the text messages came out? >> that was a department bulletin, commissioner, and a month and a half ago, that was put before you to continue that policy in place. once this is adopted, that department bulletin will be rescinded and this will become the policy. >> commissioner: that was the difference, it was a bulletin. and this is hard to follow and

majorly redacted -- not redacted, but edited. i didn't have time to go through 13 pages of edits. we have pages and pages in a row of edits. i am wondering if you can just tell me, the parts that you crossed out -- >> there should be two general orders in the packet. one is the -- >> right. i am looking at 10.08. is that the right one? right. and the bottom of page one. it starts crossing out and it continues through page two and continues into page three. and it's a little bit later on we have -- go to page seven, and there is page -- mine is backwards. this is page 12. why is that? i am missing page eight. >> the numbering is off on the bottom. >> i got that. >> from 7 to 12. and anyway, heavily deleted and i just wondering in a nutshell if you could tell us what that

was about. >> updating it to contemporary i.t. language. this was, i think, last updated back in 1996, if i remember correctly. and so as you can see, it was computers and peripherals and now we call it electronic resources. and the i.t. wanted to include a bunch of the other technologies that have come along since the d.g.o. was done. >> i am glad you pointed out and i don't know what page it is now but the privacy photograph. i don't recall seeing the privacy paragraph before. when i read that, it was pretty draconian. and i might have to talk to the city attorney because as commissioners, we are civilian employees of the police department. and we do use -- we do have an email address and use electronic communications with the city attorney's office. so this says -- and i know on page 7 it talks about certain exclusions and not exclusions

but certain cpra exemptions for the disclosure of certain type of records. and i had to hesitate when it says if you believe it's privilege and put it on this communication from the city government and waive that privilege, and it just tells me that i just wondered, does that mean i can't talk to the city attorney through the emails? it's something and i am raising because we're going to adopt this tonight and i am worried about the consequences. >> is that a question? >> from the city attorney? >> i don't know if he worked with the city attorney on this. and something the d.o.j. recommended and did you run it by anyone in terms of how it might affect this commission and even the chief dealing with the city attorney? if he is using governmental email or text messages. >> i have personally communicated with the city attorney's office, and that is attorney-client privilege communication. so any request that is made is all vetted through the city attorney's office to determine what is releasable and what we can withhold.

>> so i can be a request and the city attorney would go through and see. do we need to have a disclaimer on all of the emails when we deal with the city attorney? it is not on our sfgov and i have it on my office one as if disclaimer, but i don't have it on my emails out of sf govf i am making any sense. do i need a disclaimer or how will you know it's attorney-client privilege? >> not entirely sure i understand the question, but if the question is the communications between the city southeastern's office and the -- the city attorney's office and xhij commissioner, that is attorney-client privilege. generally speaking, every email that i have seen including myself does have the communication on the bottom that says that this is attorney-client privilege. it is intended only for the recipient. >> if it comes from the city attorney. >> if we respond back as well. any time there is a public records request, my experience has been that the commission office as well as the department will look to see who the sender

and receiver is. and if there is privilege communications, like attorney-client privilege, that information will not be turned over in the public record requirements. >> all right. the way it's worded, though, it's pretty broad. it says including attorney-client privilege, member waives whatever rights the member may have to assert such confidentiality or closures and it is so broad that even if you put it to the attorney client privilege, it could have waived here. there is no expectation and privacy and the communication of the conversation. so i don't know. maybe you want to look at that paragraph. i am wondering if it is too broad. >> and specifically and the attorney-client privilege. >> i have it highlighted if you want to see. i will show you where it is. >> on the unredacted. >> the unredacted, it's page three.

an explicit waiver of attorney-client privilege. generally. >> i'm happy to revise that language, but the principles are if you provide privileged information to the outside entity that is not part of the city family, you waive that privilege. and the other principle would be

that if -- if an attorney-client privilege communication is provided to the commissioner, and in that information is shared with another commissioner, that privilege still stays and is maintained there. any communications that we may have with the contractor that is still privilege. there is a lot of parameters and i can see revising it could be clearer. and i am happy to -- >> such an explicit waiver. i'm not comfortable with it. >> i want to clarify the d.g.o. doesn't apply to the commission. even though the rule may be the same or similar, we're not bound by the language in the d.g.o. as commissioners. >> a correct, but the basic principles are the same which apply to the commission, so if you use any non-city issue electronic devices and the purpose of it is for sending and receiving and doing commission business, then those communications are captured by the california public records act. and we would look at them to see

if there was any exemptions or exceptions that would apply and provide them accordingly to the public. >> one other question i have before i turn it over to another commissioner, my understanding is that the commission holds the privilege and that no individual commissioner actually has the the authority to waiver the privilege on behalf of the commission, is that correct? >> depending on the communication. as city officials. and each individual commissioner may ask the city attorney's office for advice and we may provide it. if we provide attorney-client communication memo or whatever it may be to the whole commission, the commission as a whole has to waive forecast privilege. >> to one commissioner, that commissioner has the ability to waive. >> that is correct. we strongly advise against that, but yes. >> u a commissioner hamasaki? >> thank you. two items. and again, i apologize because this is kind of long revision to

this. where in this is addressed the member's use of personal cell phone devices while on duty? >> an it's page -- should be page 6, personal electronic devices. >> okay. i am looking in the revised. >> the problem is we don't have a full set. i don't have a page six. it's page 12. >> and is right after that one. >> and i go to 12, too. and all the even ones are numbered 12. >> a maybe we should pass this and have you look at the language and correct the page numbers. >> and except if there is a question now that can be

answered, let's deal with that. >> okay. so i apologize. maybe looking at the at the document without highlighting the redactions and whatnot, it is item -- so item d. is public records on personal electronic devices. and where some of the problematic conduct that occurred was occurring on personal electronic devices. and on and off duty and in what way does this regulate the use of personal electronic devices on duty? >> this addresses personal electronic devices and interacting the network or electronic devices and i think

with the question you are asking is if the member is engaging in personal business on duty, which could include using the personal device to engage in communications that not necessarilies by related is violation of personal rules of conduct. d.g.o. >> 2.01. >> okay. that's answers the first question. the second question, under the city department emails, it's under section l on page 7 of the unhighlighted, red lined version. and i see the references to sunshine act and required

disclosure. and what is and might have missed this the requirement for maintenance of basically communications that may be records case specific? say a member gets an email from a crime victim about a case. is there a requirement they maintain that for a certain period of time? or how is that -- how do we make sure we're not losing track of evidence? or potential everyday? >> the commission has a record retention policy that is pound -- that bind the department to comply with that record retention policy. so there are -- there's a document that is in the process of being revised, is my understanding from the department, but there is an existing policy that was approved by the commission that speaks to the record retention of documents receive bid the department. >> commissioner: okay. that is a different -- another

general order? >> it was passed by the commission. i would have to look back if it was actually the d.g.o. >> i was going to add if there is an concern that the email gets deleted, the department still has the ability to retrieve that email. and even if it gets deleted and if often times we get records request that we are ordered to retain and once we get that request, we have to abide by it. i don't know if that is the concern. >> commissioner: and in that -- that is not assuming any improper conduct, but just for the purpose of maintenance of records for civil and criminal cases that sounds loik that lives and as i learning that is often the case that certain information related to a policy may exist in a different policy. so what you are with the

requirements for retention of the email records. >> it's not the email system itself but that is just the delivery method. it is really the content. so what is being sent in the attachment. the record retention policy and the attachments and the content inside the email itself, that is what triggers the record retention. sometimes if you can imagine everyone is email if it say, hello, just give me a call at a certain time, there is no content or substantive reason why anybody needs to keep that email. so under our record retention policy, which is also governed by the edmond code, that sets forth the city policy for record retention. a contract, for instance, we have an obligation to retain those and prescribed under the record retention policy. in terms of i want to make sure

we're cloer that there is different laws that govern if we are anticipating litigation. that is a different set of body of law that would require us to retain documents and preserve evidence, so that's different and that is separate. i want to make sure that is clear. those would be triggered because of and civil procedure, what we need to comply with in court and the subpoena or something similar to that. there are different moving parts but we have a record retention policy that is separate and apart, and the department is revising that to incorporate newer documents that the department comes into contact with and that would apply to the department and the commission. >> commissioner: okay. great. >> commissioner: can i ask that you distribute that, even the one that is revised now, the existing one, can you get that to all the commissioners so we at least can see? >> absolutely.

>> commissioner: thank you. commissioner elias. >> i think our concern is addressing personal cell phones by officers for inappropriate purposes given the recent events that have sort of plagued the police department. i guess my question is, with respect to section d., how will you flag or monitor the use of personal cell phones and being subject to p.r.a. request? i know there is a d.g.o. that is reviewing and flags emails and cell phones and buzz words and they find inappropriate. but what system is in place for the personal cell phones of officers when they use them? >> there is none. the officers have the right to privacy like any other citizen and their subject to probable cause for the authoring and approval of a search warrant if there was a crime, but beyond

that, we cannot search officers' personal cell phones without a search warrant. >> commissioner: how do we flag and monitor the personal cell phones and can expose them to a p.r.a. request. how do we flag and monitor that? meaning if someone gives a p.r.a. request, what does the officer do, to officer x, have you used your phone for business purposes? what is the procedure for that? >> if there was a communication we can establish came from the officer's phone t request would be made for them to provide those communications if there is a p.r.a. request >> commissioner: i think they can make a p.r.a. request in general that doesn't need to be based on them actually having it, right? >> commissioner: they can request the documents related to and referenced to and reply on those individuals to be forthcoming, don't me? >> correct. it is a complicated question.

it is a complicated question, but we have to because we can't invade privacy of personal devices. we have to rely on officers to be forthcoming unless there is a document or something or everyday that indicates that a personal device is used. we have been advised by the city attorney and given training on this very issue. we're hoping everybody is aware and the policy points it out that the purpose is the policy points it out where everybody understands that their personal cell phone if used for business purposes, that information can bed in and p.r.a. and they have to give it. >> the second part of that is also that they are prohibited from using personal devices on

duty and even if they were to use it, and it would be a violation if getting to the question of use were improper communications or whatnot. >> commissioner: if we are redoing the language on one of the sections, maybe language added into d. since it seems ambiguous. >> i am not entirely sure that i understand what revisions you're asking for. >> just how we're going to monitor d., and oh, we're going to ask the officer first and based on the honor system, and sort of spelled out in the d.g.o. of the monitor. >> protocol. procedure. i do think it's important given

the recent events and things at the commission with the use of personal cell phones by officers. >> an i think we can take the suggestions and -- >> we will hear from you in a couple of weeks. >> you understand what the commission is asking for. >> yes. i wrote down some notes and if there is additional concerns, i ask that you email them to me. >> commissioner: and it sound like the last issue with the protocol and the department is going to use when they is requesting an officer to provide something from his or her personal phone. what do we do this n that case? okay. thank you.

we will table this matter for now. thank you, chief. next item. >> we actually have to have public comment. >> okay. public comment on that item. >> i didn't realize it could be on the agenda. i just like to clarify something. commissioner brookter, before the meeting you offered to giver me your private email because you don't use the government's email. but i am confused about that. so it seems to me since i communicated to you through the government, and you got one email, what email is the public going to get if they want to communicate with you? and if they think they can get it to the government email, and you don't read that, we're not going to be able to get in touch with you. are you giving your private email to the commission to know that is what they give out because this is not okay, and i am concerned you wouldn't use the government email for

government business. it seems maybe you should do that. >> commissioner: thank you. >> do you want to give out your cell phone, too? >> so the commissioners know, we have the same risk that any officer engaging in business on our private devices and a request comes in, we will have an obligation to search the revices and possibly turnover information. i use only the government email for government business. that is the next item. >> line item 5, general public comment. the public is welcome to address the commission regarding items that don't appear on the agenda and are within the subject matter jurisdiction of the commission. speakers shall address their remarks to the commission as a whole and not to individual commissioners. neither police d.p.a. personnel

or commissioners are required to respond, but may provide a brief response. individual commissioners and police and d.p.a. personnel should refrain from entering debates or discussion with speakers during public comment. >> feel free to respond briefly. i want to first thank commissioner elias for coming to the juvenile hall rally. personally i believe in resortive justice and not in prisons of any kind. so this rumor that tasers might be brought online, just wondering. as far as i know, it is not budgeted yet. over hundreds of people at that meeting for that vote and we want to know if anything is going to happen. people are covering so many issues on planet rt that we need to have notice about something like this. so i understand also from commissioner brookter that you have the information of the

sunshine task force decision the other day, yes? >> i don't know what you are talking about. >> i have seen it. >> okay. so -- >> let me tell you. okay. so on april 3, the sunshine task force made an unprecedented decision to call on the district attorney, the board of supervisors, and the ethics commission to demand that the police commission comply with their finding that the vote to approve tasers was in violation of the brown act and the sunshine task force ordinance. so they are -- they would like some respect, and i think they deserve it after all this time. what i say about unprecedented, apparently they have not declared a vote illegal before. it's been more technicalities, so they don't do this lightly. and half of you did not think there was any reason to give respect and serioustons this decision.

when a taser can kill people. remember, tasers are considered nonlethal and police departments don't record the death, but reuters, the news agency, and discovered over studying for months that there's been over 1,000 deaths from tasers. my friend's son was killed by a taser. a young african-american was kill and four people in san mateo county in the last six months. they are reconsidering the use of tasers, so we don't want it snuck by. and now there is going to be serious action. serious action. remember, during this meeting when you all voted on this, no one said that the evidence wasn't true. in fact, commissioner hirsch, you said that it was the sheriff's fault they shutdown city hall. that is completely irrelevant. it doesn't matter who was responsible for city hall being shut downdown. by the way, we would like

someone to reveal who gave that order which is still a secret. but the law is that you made a decision during a shutdown at city hall. that's a violation -- >> thank you. >> -- of the sunshine task force. >> thank you. i will say that the commission at that time received advice from the city attorney's office that there was no violation of the brown act or the sunshine ordinance. any other public comment? >> did we get a letter or something? >> i would like to see this new -- >> i didn't say it was a letter. and the advice given --. >> the letter you referenceed? i didn't get a letter. >> i didn't get a copy this morning.